Schengen: Controversial EU free movement deal explained - BBC News BBC News Schengen: Controversial EU free movement deal explained 24 April 2016 Close share panel Media captionLaurence Peter looks at what the end of the Schengen zone could mean The Schengen Agreement abolished many of the EU's internal borders, enabling passport-free movement across most of the bloc. It take its name from the town of Schengen in Luxembourg, where the agreement was signed in 1985. It took effect in 1995. Which countries are part of the agreement? The first member states were Belgium, France, Germany, Luxembourg and the Netherlands. Now there are 26 Schengen countries - 22 EU members and four non-EU. Those four are Iceland and Norway (since 2001), Switzerland (since 2008) and Liechtenstein (since 2011). After the initial five came Italy (1990), Portugal and Spain (1991), Greece (1992), Austria (1995), and Denmark, Finland and Sweden in 1996.

Nine more EU countries joined in 2007, after the EU's eastward enlargement in 2004. They are: the Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Slovakia and Slovenia. Only six of the 28 EU member states are outside the Schengen zone - Bulgaria, Croatia, Cyprus, Ireland, Romania and the UK. The EU explains the evolution of Schengen here . Media captionThe BBC's Chris Morris explains how the Schengen area was created Are other countries going to remove border checks too? Andorra and San Marino are not part of Schengen, but they no longer have checks at their borders. There is no date yet for Cyprus, which joined the EU in 2004, or for Bulgaria and Romania (joined in 2007) or Croatia (joined in 2013). Which EU countries are not in Schengen? The UK and Republic of Ireland have opted out. The UK wants to maintain its own borders, and Dublin prefers to preserve its free movement arrangement with the UK - called the Common Travel Area - rather than join Schengen.

The UK and Ireland began taking part in some aspects of the Schengen agreement, such as the Schengen Information System (SIS), from 2000 and 2002 respectively. The SIS enables police forces across Europe to share data on law enforcement. It includes data on stolen cars, court proceedings and missing persons. How have the Paris attacks and the migrant crisis affected Schengen? Image copyright Reuters Image caption Hungary - inside Schengen - was a magnet for migrants hoping to reach Germany Schengen is often criticised by nationalists and Eurosceptics who say it is an open door for migrants and criminals. The 13 November Paris attacks, which killed 130 people, prompted an urgent rethink of the Schengen agreement. There was alarm that killers had so easily slipped into Paris from Belgium, and that some had entered the EU with crowds of migrants via Greece. In 2015, the influx of more than a million migrants - many of them Syrian refugees - also greatly increased the pressure on politicians, and one after another, EU states re-imposed temporary border controls. In December, the European Commission proposed a major amendment to Schengen, expected to become law soon.

Most non-EU travellers have their details checked against police databases at the EU's external borders. The main change is that the rule will apply to EU citizens as well, who until now had been exempt. Non-EU nationals who have a Schengen visa generally do not have ID checks once they are travelling inside the zone, but since the Paris atrocity those checks have become more common. When can countries re-impose border controls? Image copyright Reuters Image caption Belgian and French (yellow vest) police began systematic border checks after the Paris attacks Under the Schengen rules , signatories may reinstate internal border controls for 10 days, if this has to be done immediately for "public policy or national security" reasons. If the problem continues, the controls can be maintained for "renewable periods" of up to 20 days and for a maximum of two months. The period is longer in cases where the threat is considered "foreseeable". The controls can be maintained for renewable periods of up to 30 days, and for a maximum of six months. An extension of two years maximum is allowed under Article 26 of the Schengen Borders Code , in "exceptional circumstances".

In the Schengen zone, currently six states have border controls in place : Austria, Denmark, France, Germany, Norway and Sweden. Hungary's controls affect its borders with two non-Schengen states: Croatia and Serbia. Last October it also imposed temporary controls on the border with Schengen member Slovenia. In 2005 France re-imposed border controls after the bomb attacks by Islamist militants in London. Austria, Portugal and Germany re-imposed border controls for some major sporting events, such as the Fifa World Cup. What else does Schengen involve? The main feature is the creation of a single external border, and a single set of rules for policing the border, but there are other measures including: Common rules on asylum; Hot pursuit - police have the right to chase suspected criminals across borders; Common list of countries whose nationals require visas; The Schengen Information System (SIS) , which allows police stations and consulates to access a shared database of wanted or undesirable people and stolen objects; Joint efforts to fight drug-related crime How are non-EU citizens affected?

Image copyright AFP Image caption The Schengen visa gives non-EU nationals easy access to most of Europe Nationals from some countries need to obtain a Schengen visa in order to enter one of its member countries or travel within the area. It is a short-stay visa valid for 90 days. It also allows international transit at airports in Schengen countries. A short-stay visa costs €60 (£46; $66), but just €35 for Russians, Ukrainians and citizens of some other countries, under visa facilitation agreements. Schengen Visa Services - Travel to Europe Schengen Visa Services Start your Schengen Application instantly Schengen Form included Download PDF Guide Schengen Visa Information The Schengen Visa was introduced to make travelling faster and easier between all the EU countries that signed up for the agreement. The benefits of pre-applying for a Schengen Visa mean that once any Schengen member country has issued a visa, the holder of that visa can move freely between member countries. This avoids the need to apply for multiple visas for the EU countries they intend to visit, reducing cost and paperwork.

Those wishing to tour several European countries, either for business or pleasure, can benefit from the freedom of movement provided by the Schengen Treaty and Visa. Passport holders from countries that need a visa to enter Europe need to make their visa application before arriving in Europe. Once a visa is granted, the visa holder can enter and travel through all the countries within the Schengen area. As visa extensions can be complicated to obtain, we strongly advise travellers to plan their trip to stay within the original Schengen Visa timescale to remain compliant with all Schengen rules. Currently, a Schengen Visa permits the holder to stay within the Schengen countries for up to 90 days in any period of 180 days. To learn more about whether you need a Schengen visa and how to apply for one, you should first Apply for the Schengen Application Guide . Schengen Countries / Schengen Area Currently the Schengen agreement applies to 26 member countries*, including four which are not members of the European Union (EU). The UK and Ireland are members of the European Union (EU) but have opted out of Schengen, preferring to operate a system of Common Travel Area border controls with the EU.

Iceland and Norway are part of the Nordic Passport Union and are therefore classified as “states associated with the Schengen activities of the EU”, although they are not actually EU members. Switzerland has similarly participated in Schengen since 2008, and on 19 December, 2011, Liechtenstein joined the Schengen Area. Other de facto members of the Schengen Area include three European microstates — Monaco, San Marino and the Vatican City. They have semi-open or open borders with neighbouring countries which are Schengen members. Bulgaria*, Croatia, Cyprus and Romania* are the remaining EU members and once compliance is met, they will also join the Schengen Area. They need to meet the Schengen standards of preparedness in the areas of personal data protection, visas, air borders and police cooperation and this requires EU experts visiting and assessing various workplaces and institutions in each country to assess their standards of compliance. *As of April 2016, the European Commission believes that both Romania and Bulgaria have met all the requirements necessary and all that stands in the way of them joining the Schengen Area is a unanimous vote by the other EU Member States.

Who needs a Schengen Visa? If you are a citizen of a country on the following list, you are required to obtain a Schengen visa in order to visit the Schengen countries. You must do this before you embark on your travels. Afghanistan Democratic Republic of the Congo Djibouti Saint Vincent and the Grenadines Oman Get my Schengen Visa Schengen Visa History The original Schengen Agreement was agreed and signed by half of the 10 EU member states at that time. Schengen came into being on 14 June 1985 and took its name from the nearby town of Schengen in Luxembourg as it was signed in neutral territory nearby. As all the EU member countries could not agree on the elimination of border controls, the Schengen Area had to be separately negotiated country by country for those within the European Community which existed at that time. A later agreement proposed the abolishing of internal border controls and a Schengen visa policy was adopted in 1990. It was known as the Schengen Convention.

It led to the adoption of the agreement and rules which remained entirely separate from the EU structure, with the resulting Schengen Area being established on 26 March 1995. With the agreement of additional EU member states signing the Schengen Agreement, eventually it became part of EU procedures and was incorporated into EU law with the Amsterdam Treaty in 1997, effective from 1999. As it is now part of European law, non-EU members are not allowed to participate in any changes of regulation or amendments to Schengen. In the case of the UK and Ireland, the two countries have enjoyed an agreed Common Travel Area (CTA) since 1923. However, the UK was given a full opt-out from the Schengen Area as it was unwilling to abolish border controls with the remaining Schengen countries. Ireland has always appeared to favour being part of Schengen, but in order to maintain its open border with UK-governed Northern Ireland as part of the CTA, it has not signed the Schengen Treaty. The Nordic countries required that the non-EU members of Norway and Iceland be included in Schengen in order to reach a consensus, and this was agreed.

Recent Temporary Changes to Schengen As a result of the on-going migration crisis and the terrorist attacks which took place in Paris in 2015, some Schengen member states have temporarily reintroduced controls on some or all of their borders with other Schengen states. For the latest information, it is advisable to research the up-to-the-minute rules regarding Temporary Reintroduction of Border Controls. Important: Schengen Visa Service (this website) is a publishing company. We publish the Schengen Visa Application Guide. We do NOT issue Schengen Visas. EUR-Lex - l33020 - EN - EUR-Lex Text The Schengen area and cooperation The Schengen area and cooperation are founded on the Schengen Agreement of 1985. The Schengen area represents a territory where the free movement of persons is guaranteed. The signatory states to the agreement have abolished all internal borders in lieu of a single external border. Here common rules and procedures are applied with regard to visas for short stays, asylum requests and border controls. Simultaneously, to guarantee security within the Schengen area, cooperation and coordination between police services and judicial authorities have been stepped up.

Schengen cooperation has been incorporated into the European Union (EU) legal framework by the Treaty of Amsterdam of 1997. However, all countries cooperating in Schengen are not parties to the Schengen area. This is either because they do not wish to eliminate border controls or because they do not yet fulfil the required conditions for the application of the Schengen acquis. During the 1980s, a debate began over the meaning of free movement of persons. Some Member States felt the concept should apply to European Union (EU) citizens only, which would involve keeping internal border checks in order to distinguish between citizens of the EU and non-EU nationals. Others argued in favour of free movement for everyone, which would mean an end to internal border checks altogether. Since Member States could not reach agreement, France, Germany, Belgium, Luxembourg and the Netherlands decided in 1985 to create a territory without internal borders. This became known as the "Schengen area", after the town in Luxembourg where the first agreements were signed. Following the signing of the Treaty of Amsterdam, this intergovernmental cooperation was incorporated into the EU framework on 1 May 1999.

Development of Schengen cooperation and extension of the Schengen area The first agreement between the five original group members was signed on 14 June 1985. A further convention was drafted and signed on 19 June 1990. When it took effect in 1995, it abolished checks at the internal borders of the signatory states and created a single external border where immigration checks for the Schengen area are carried out in accordance with identical procedures. Common rules regarding visas, right of asylum and checks at external borders were adopted to allow the free movement of persons within the signatory states without disrupting law and order. Accordingly, in order to reconcile freedom and security, this freedom of movement was accompanied by so-called "compensatory" measures. This involved improving cooperation and coordination between the police and the judicial authorities in order to safeguard internal security and, in particular, to fight organised crime. With this in mind, the Schengen Information System (SIS) was set up. SIS is a sophisticated database used by authorities of the Schengen member countries to exchange data on certain categories of people and goods. The Schengen area gradually expanded to include nearly every Member State.

Italy signed the agreements on 27 November 1990, Spain and Portugal joined on 25 June 1991, Greece followed on 6 November 1992, then Austria on 28 April 1995 and Denmark, Finland and Sweden on 19 December 1996. The Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined on 21 December 2007 and the associated country Switzerland on 12 December 2008. Bulgaria, Cyprus and Romania are not yet fully-fledged members of the Schengen area; border controls between them and the Schengen area are maintained until the EU Council decides that the conditions for abolishing internal border controls have been met.

(Details of the position of the United Kingdom and Ireland are given below.) Measures adopted by the Member States as part of cooperation under Schengen Key rules adopted within the Schengen framework include: removal of checks on persons at the internal borders; a common set of rules applying to people crossing the external borders of the EU Member States; harmonisation of the conditions of entry and of the rules on visas for short stays; enhanced police cooperation (including rights of cross-border surveillance and hot pursuit); stronger judicial cooperation through a faster extradition system and transfer of enforcement of criminal judgments; establishment and development of the Schengen Information System (SIS). The Schengen Information System (SIS) At the heart of the Schengen mechanism, an information system was set up. It allows national border control and judicial authorities to obtain information on persons or objects. Member States supply information to the system through national networks (N-SIS) connected to a central system (C-SIS). This IT system is supplemented by a network known as SIRENE (Supplementary Information Request at the National Entry), which is the human interface of the SIS.

Incorporating the Schengen acquis into the EU framework A protocol attached to the Treaty of Amsterdam incorporates the developments brought about by the Schengen Agreement into the EU framework. The Schengen area is now within the legal and institutional framework of the EU. Thus, it comes under parliamentary and judicial scrutiny, and attains the objective of free movement of persons enshrined in the Single European Act of 1986, while ensuring democratic parliamentary control and giving citizens accessible legal remedies when their rights are challenged (Court of Justice and/or national courts, depending on the area of law). In order to make this integration possible, the Council of the EU took a number of decisions. First, as set out in the Treaty of Amsterdam, the Council took the place of the Executive Committee created under the Schengen Agreements. With its Decision 1999/307/EC of 1 May 1999, the Council established a procedure for incorporating the Schengen Secretariat into the General Secretariat of the Council, including arrangements relating to Schengen Secretariat staff. Subsequently, new working groups were set up to help the Council manage the work.

One of the Council's most important tasks in incorporating the Schengen area was to choose those provisions and measures taken by the signatory states that formed a genuine acquis, or body of law, and that could serve as a basis for further cooperation. A list of the elements that make up the acquis, setting out the corresponding legal basis for each of them in the Treaties (EC Treaty or the Treaty on the European Union), was adopted by Council Decisions 1999/435/EC and 1999/436/EC of 20 May 1999. Most of these acts are published in the Official Journal. Since then, the Schengen legislation has been further developed. For example, some articles of the Schengen Convention have been replaced by new EU legislation (e.g. the Schengen Borders Code ). The participation of Denmark Although Denmark has signed the Schengen Agreement, it can choose whether or not to apply any new measures taken under Title IV of the EC Treaty within the EU framework, even those that constitute a development of the Schengen acquis. However, Denmark is bound by certain measures under the common visa policy.

The participation of Ireland and the United Kingdom In accordance with the protocol to the Treaty of Amsterdam, Ireland and the United Kingdom can take part in some or all of the Schengen arrangements, if the Schengen Member States and the government representative of the country in question vote unanimously in favour within the Council. In March 1999, the United Kingdom asked to cooperate in some aspects of Schengen, namely police and judicial cooperation in criminal matters, the fight against drugs and the SIS. The Council Decision 2000/365/EC approving the request by the United Kingdom was adopted on 29 May 2000. In June 2000, Ireland too asked to take part in some aspects of Schengen, roughly corresponding to the aspects covered by the United Kingdom’s request. The Council adopted the Decision 2002/192/EC approving Ireland’s request on 28 February 2002. The Commission had issued opinions on the two applications, stressing that the partial participation of these two Member States should not reduce the consistency of the acquis as a whole.

After evaluating the conditions that must precede implementation of the provisions governing police and judicial cooperation, the Council consented with its Decision 2004/926/EC of 22 December 2004 that this part of the Schengen acquis could be implemented by the United Kingdom. Relations with third countries: common principles The gradual expansion of the Schengen area to include all EU Member States has led third countries that have particular relations with the EU to take part in Schengen cooperation. The precondition for association with the Schengen acquis by non-EU countries is an agreement on free movement of persons between those states and the EU (this is provided for by the Agreement on the European Economic Area in the cases of Iceland, Norway and Liechtenstein and by the Agreement on the free movement of persons in the case of Switzerland). For these countries this participation involves: being included in the area without checks at internal borders; applying the provisions of the Schengen acquis and of all Schengen-relevant texts adopted pursuant to it; being involved in decisions relating to Schengen-relevant texts. In practice, this involvement takes the form of mixed committees that meet alongside the working parties of the EU Council.

They comprise representatives of the Member States' governments, the Commission and the governments of third countries. Associated countries therefore participate in discussions on the development of the Schengen acquis, but do not take part in voting. Procedures for notifying and accepting future measures or acts have been laid down. Relations with Iceland and Norway Together with Sweden, Finland and Denmark, Iceland and Norway belong to the Nordic Passport Union, which has abolished internal border checks. Iceland and Norway have been associated with the development of the Schengen Agreements since 19 December 1996. Although they did not have voting rights in the Schengen Executive Committee, they were able to express opinions and formulate proposals. To extend this association, the agreement on Iceland’s and Norway’s association with the implementation, application and development of the Schengen acquis, as based on the Council Decision 1999/439/EC of 17 May 1999, was signed between Iceland, Norway and the EU on 18 May 1999.

An agreement approved by the Council on 28 June 1999 covers relations between Iceland and Norway on the one hand, and Ireland and the United Kingdom on the other, in the areas of the Schengen acquis applying to Iceland and Norway [Official Journal L 15 of 20.1.2000]. The Council Decision 2000/777/EC of 1 December 2000 provides for the application of the Schengen acquis arrangements to the five countries of the Nordic Passport Union as from 25 March 2001. The participation of Switzerland and Liechtenstein The EU concluded an agreement with Switzerland on its participation in the Schengen area [Official Journal L 53 of 27.2.2008]; consequently, Switzerland joined on 12 December 2008. It has the same associate status as Norway and Iceland. A protocol on the participation of Liechtenstein in the Schengen area was signed on 28 February 2008.

The second-generation Schengen Information System ( SIS II ) As the SIS has been operational since 1995, work is in progress on a new system with enhanced functionalities and based on new technology. This new system (SIS II) is currently undergoing extensive tests in cooperation with Member States. The Council adopted two legislative instruments on 6 December 2001: Regulation (EC) No 2424/2001 and Decision 2001/886/JHA , making the Commission responsible for developing SIS II and providing for the related expenditure to be covered by the general budget of the EU. These instruments were modified in 2006, extending the period of their validity until 31 December 2008. The Commission published a communication [ COM(2001) 720 ] on 18 December 2001 examining ways of creating and developing SIS II. Following studies and discussions relating to the architecture and functionalities of the future system, the Commission presented three proposals for legislative instruments in 2005.

Two of the instruments in this package (Regulation (EC) No 1987/2006 on 1st pillar aspects of the establishment, operation and use of SIS II and Regulation (EC) No 1986/2006 on access to SIS II by the services responsible for issuing vehicle registration certificates) were adopted on 20 December 2006. The third instrument (Decision 2007/533/JHA determining 3rd pillar aspects of the establishment, operation and use of SIS II) was adopted on 12 June 2007. The Justice and Home Affairs Council of December 2006 endorsed the SISone4all project (a joint effort by Member States coordinated by Portugal). SISone4all was a temporary solution, which enabled nine EU Member States that joined the EU in 2004 to connect to the current SIS system (SIS1+), with some technical adjustments.

The successful completion of SISone4all, in conjunction with the positive Schengen evaluations, allowed the lifting of internal border controls with these new countries at the end of 2007 for land and sea borders and in March 2008 for air borders. The lifting of internal border controls paved the way for implementing alternative and less risky approaches for migrating from SIS1+ to SIS II. Following requests by the Member States to allow more time for testing the system and to adopt a less risky strategy for migration from the old system to the new one, the Commission presented proposals for a regulation and a decision defining the tasks and responsibilities of the various parties involved in preparing for the migration to SIS II (including testing and any further development work needed during this phase). These proposals were adopted by the Council on 24 October 2008. Last updated: 03.08.2009 Schengen Treaty - EUabc Schengen Treaty Agreement on border cooperation among EU countries and EEA countries. Switzerland joined the Schengen zone by referendum in late 2008.

The Lisbon Treaty include the Schengen cooperation and abolishes the pillars between legal cooperation in the old Nice Treaty, part III and and the supranational cooperation in part I. In 1985, Germany, France and the Benelux countries signed an agreement on closer co-operation to make cross-border travel easier. The aim was to establish a common travel area without internal borders and with common external borders. Schengen countries normally do not require citizens to show their passports when crossing frontiers between one Schengen country and another. Most EU states are now involved, and the “Schengen Acquis” was turned into binding EU law in the 1998 Treaty of Amsterdam . Ireland and UK are still outside Schengen and have opt-outs ( derogations ) in the treaties. This is because the UK is unwilling to have a common travel area with the continental EU countries, and Ireland wishes to maintain its common travel area with the UK. Denmark joined Schengen in 1997 but has an opt-out (derogation) covering Justice and Home Affairs when measures under this heading are adopted on a supra-national basis. The Schengen rules can be found in Protocol 19 in the Lisbon Treaty.

The rules on border control, pasports etc. is now included in the treaty chapter on Justice and Home affairs . Notes - All new applicant countries have to accept the full Schengen legislation. - Schengen is the border town in Luxembourg where the agreement was made. Auswärtiges Amt - Schengen Regulations - The Schengen Agreement The Schengen Agreement Selected legal provisions relating to the Schengen Agreement (excerpts) History and development of the Schengen Agreement On 14 June 1985 the Federal Republic of Germany, France, Belgium, Luxembourg and the Netherlands signed the Schengen Agreement on the gradual abolition of checks at their common borders. The Agreement is named after the small town in Luxembourg on the border to France and Germany where it was signed. Map of the Schengen area © European Commission Map of the Schengen area Map of the Schengen area © European Commission On 19 June 1990 the Convention Implementing the Schengen Agreement was signed. Its key points relate to measures designed to create, following the abolition of common border checks, a common area of security and justice.

Specifically it is concerned with harmonising provisions relating to entry into and short stays in the Schengen area by non-EU citizens (uniform Schengen visa), asylum matters (determining in which member state an application for asylum may be submitted), measures to combat cross-border drugs-related crime, police cooperation, and cooperation among Schengen states on judicial matters. The Convention Implementing the Schengen Agreement entered into force on 1 September 1993. Its provisions could not take practical effect, however, until the necessary technical and legal prerequisites such as data banks and the relevant data protection authorities were in place. The Convention thus took practical effect on 26 March 1995. With the entry into force on 1 May 1999 of the Schengen Protocol to the Treaty of Amsterdam of 2 October 1997, Schengen cooperation – initially based only on an international agreement – was incorporated into EU law. The European Community thereby assumed responsibility for large parts of the Schengen acquis (the Schengen Agreement and associated body of regulations) and its further development. For EU member states there are considerable advantages in belonging to the Schengen area.

For EU citizens the abolition of checks at the Schengen area’s internal borders means not only greater freedom of movement but also greater security. To compensate for the absence of checks at the Schengen area’s internal borders, better and more effective checks at its external borders have been introduced, as have other measures such as mobile border area patrols and improved police networking. German nationals are however still required to have a valid passport or equivalent document, such as a (provisional) ID card or a travel document used in place of a passport, with them when entering or leaving Germany. Failure to do so may result in a fine of up to 5000 euros. Since 1985, several other states have joined the Schengen area: Italy signed the Agreement on 27 November 1990, Spain and Portugal both signed on 25 June 1991, Greece signed on 6 November 1992, Austria on 28 April 1995, and Denmark, Finland and Sweden, along with the non-EU member states Iceland and Norway, all signed the Schengen Agreement on 19 December 1996.

Switzerland, which is also not an EU member state, signed the Agreement in 2004. The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia all acceded to Schengen on 21 December 2007. The newest member of the Schengen area is Liechtenstein (a non-EU country), which joined in 2011. Some EU member states – Bulgaria, Cyprus, Romania and Croatia – are not yet full members of the Schengen area; border checks are still conducted between these countries and the Schengen area (see below for the position with regard to the United Kingdom and Ireland). to the top Key points of the Schengen acquis Citizens of Schengen countries (see below) can cross the Schengen area’s internal borders without undergoing identity checks. Individual states may however still conduct checks at internal borders for a limited period of time if required by considerations of public order or national security. All citizens of Schengen countries are advised to carry a valid passport or ID card, as checks at the border are still possible. The requirement that German nationals carry a valid passport or equivalent document (e.g.

ID card) when entering or leaving German territory continues to apply notwithstanding the Agreement. Persons granted a short-stay visa with no territorial restrictions (category “C” visa) by a Schengen country may, for the duration of the visa’s validity, stay and travel freely in the territory of any other Schengen country. Holders of such visas may also cross the Schengen area’s internal borders without undergoing identity checks. Air passengers with transit visas (category “A” visa) are entitled only to enter the international transit area at airports but not the Schengen area itself. Third-country nationals with a national residence permit issued by a Schengen country may, for the duration of its validity, travel for up to 90 days per 180-day period to any other Schengen country. This also applies to holders of a national visa (category “D” visa) issued by a Schengen country. Harmonised visa policies of Schengen countries (common list of third countries whose nationals require or do not require visas). External border checks according to a common Schengen standard.

Access by all Schengen countries to the Schengen Information System (SIS), which provides data on persons and objects throughout the Schengen area especially in connection with inquiries by police and judicial authorities. Close police and judicial cooperation. Joint efforts to combat drug-related crime. Rules determining competence for asylum procedures, now replaced by Council Regulation (EC) No. 343/2003 of 18 February 2003 (so-called Dublin II Regulation). to the top Schengen countries The following is a list of countries which fully implement the Schengen acquis (so-called fully implementing countries), along with details of when border checks were or are due to be abolished: Overview 12 December 2008 (land borders), 29 March 2009 (air frontiers) Liechtenstein 19 December 2011 Following the complete abolition of internal border controls anyone holding a uniform Schengen visa may enter any other fully implementing country for up to 90 days per six-month period for the duration of the visa’s validity.

to the top Switzerland In a vote in June 2005 the Swiss approved the Agreement with the European Union and the European Community on their country’s association with the Schengen acquis. Switzerland has thus applied the provisions of the Schengen Agreement from 12 December 2008. Checks at airports were abolished on 29 March 2009. Denmark, Ireland and the United Kingdom Special arrangements have been made for the EU member states Denmark, Ireland and the United Kingdom. While Denmark fully implements the Schengen acquis, it made a reservation on signing the Schengen Agreement regarding the implementation and application of future decisions taken under the Agreement. It will decide on a case-by-case basis whether to participate in the further development of the acquis under international law and whether to incorporate Community law developed without its participation into its national law. Denmark is, however, bound to implement certain measures relating to the common visa policy. While Ireland and the United Kingdom are not parties to the Schengen Agreement, they can, with the approval of the EU Council, apply the Schengen acquis in whole or in part and participate in its further development.

They do not issue Schengen visas and apply the Schengen Agreement only in part. The EU Council has approved an application by both countries to participate in the enhanced cooperation between police and judicial authorities in criminal justice matters, the fight against drug-related crime and the Schengen Information System (SIS). Neither country, however, has abolished border checks. to the top Iceland and Norway Although neither Iceland nor Norway are EU member states, both countries fully implement the Schengen acquis on the basis of the Association Agreement they concluded with the EU on 18 May 1999. They both belong (together with Denmark, Finland and Sweden) to the Nordic Passport Union, which has abolished checks on its members’ common borders. On 1 December 2000 the EU Council decided that the Schengen acquis should take effect in all five countries belonging to the Nordic Passport Union. Since then Iceland and Norway have been fully implementing countries. The regulations relating to the Schengen Information System SIS have been in force since 1 January 2000.

Relations between Iceland and Norway on the one hand and Ireland and the United Kingdom on the other with regard to those areas of the Schengen acquis that apply to Iceland and Norway are governed by an agreement approved by the EU Council on 28 June 1999. In practice the non-EU members Iceland and Norway participate in Schengen-related work through mixed committees that meet parallel to EU Council working parties. Their meetings are attended by representatives of the governments of EU member states, the Commission and third-country governments. Iceland and Norway thus take part in discussions on the further development of the Schengen acquis but not in any votes taken in this connection. to the top Andorra and San Marino While Andorra has not actually signed the Convention Implementing the Schengen Agreement, it has no checks at its borders with neighbouring countries Spain and France. San Marino has not signed the Convention Implementing the Schengen Agreement either, but has no checks at the border with its only neighbour, Italy.

to the top Bulgaria, Romania, Cyprus and Croatia Although they are EU member states, Bulgaria and Romania (accession on 1 January 2007), Cyprus (accession on 1 May 2004) and Croatia (accession on 1 July 2013) implement the Schengen acquis only in part and consequently do not issue Schengen visas. Certain requirements still need to be met before the Schengen acquis can be fully implemented. These include the introduction of the second-generation Schengen Information System (SIS II) and the successful conclusion of evaluations determining that the requirements for full implementation have in fact been met. Only once these steps have been completed can the political decision on full implementation of the Agreement and the abolition of border checks be taken. to the top Selected legal provisions relating to the Schengen Agreement (excerpts) Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders: Joint Ministerial Gazette 1986, p. 79 ff.

Convention of 19 June 1990 Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders (Convention Implementing the Schengen Agreement): Federal Law Gazette II 1993, p. 1013 ff. Act of 15 July 1993 on the Schengen Agreement of 19 June 1990 on the Gradual Abolition of Checks at the Common Borders: Federal Law Gazette II 1993, p. 1010 ff. Notification of 20 April 1994 of the Entry into Force of the Convention of 14 June 1985 Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders (Convention Implementing the Schengen Agreement): Federal Law Gazette II 1994, p.

631 ff. Treaty of Amsterdam of 2 October 1997: Federal Law Gazette II 1998, p. 386. Schengen Borders Code (Regulation (EC) No. 562/2006 of 15 March 2006), in effect since 13 October 2006. Schengen Borders Agreement Information | NAFSA Schengen Borders Agreement Information June 09, 2014 Schengen is the town in Luxembourg where the Schengen Borders Agreement was signed in 1985. This treaty allows people to travel freely within the Schengen area; internal borders are abolished in lieu of a single external border. Entry requirements for stays of 90 days or less, including visas, have common rules and procedures. Explore the countries that have signed the Schengen Borders Agreement to date . To assist you in calculating the total number of days spent in the Schengen area during a six-month period, you may use the Schengen Calculator Tool . Are the European Union (EU) and the Schengen States one and the same? No.

While the Schengen Borders Agreement has been wrapped into European Union law, not all EU members have signed or implemented the agreement and not all signatory countries are members of the EU. Countries that are not EU members but have signed the Schengen Borders Agreement: Iceland, Lichtenstein, Norway, and Switzerland. Countries that are EU members but have not signed the Schengen Borders Agreement: Bulgaria, Ireland, Romania, and the United Kingdom. What is the difference between a Schengen visa and a national visa? A Schengen visa is for a stay of up to 90 days within a 180-day period. As stated above, the Schengen Borders Agreement created common rules and procedures for entry requirements within the Schengen area. For stays of more than 90 days, each Schengen country retains the right to set entry requirements, called a “national visa.” National visa requirements are listed on the individual consulate or embassy’s website for your jurisdiction. Who needs to get a Schengen visa for study? Students traveling on a U.S. passport to study less than 90 days in a Schengen country (or multiple Schengen countries) are not required to apply for a Schengen visa.

Students who are citizens of certain other countries may need to obtain a visa prior to departure and this can be easily checked on the website of the nearest consulate or embassy of that country. All students, including U.S. passport holders, whose primary purpose for traveling to a Schengen country is research or short-term employment must inquire about visa requirements. It may be necessary to apply for a visa to work, intern, research, or volunteer in a Schengen country. Note: Students who intend to study in multiple Schengen countries will work with the consulate or embassy of the country in which they will spend the longest period of time. May international students studying in the United States apply for a Schengen visa or national visa in the United States? Yes. The application may be submitted to the consulate or embassy with jurisdiction over the state in which the college/university is located. Please be aware that as of March 2013, new Schengen visa rules require that international students have a valid visa to return to the United States at the time of application. The visa must be valid for at least three months beyond the intended departure from the Schengen area. Is there a Schengen office to contact with questions about visa procedures?

Schengen rules are interpreted by each of the countries that signed the agreement. Therefore, questions may be directed to the consulates of the country in which the students will study. Scenarios 1. My U.S. student will study in a Schengen country in a program lasting 85 days and, therefore, does not need to apply for a visa. He would like to travel in Europe in the Schengen area for an additional 14 days. May he do so? No. The rules are very clear and strict. He may remain in the Schengen area for up to 90 days in a 180-day period. Hefty fines have been imposed on individuals who overstayed and some have been barred from returning to the Schengen area for a year and up to 10 years. Exception: France While France is part of the Schengen area, there is an agreement with the U.S. government that permits students traveling on a U.S. passport to stay in France up to 90 days without a visa and then have the opportunity to spend an additional 90 days in other Schengen countries also without a visa.

However, both 90-day limits are over a 180-day period. This means that students spending 90 days in France must spend at least 90 days outside of France before they may be permitted to reenter French territory without a visa. May the student apply for a national visa to be able to stay the extra time? No. National study visas are for study terms of more than 90 days so the student will not qualify for the visa. 2. My U.S. student will participate in two study programs in two different Schengen countries. The first program is in September and is four weeks long, and the second program begins in October and is 10 weeks long. Can my student enter the Schengen area on a tourist visa for the first program and apply for a national visa for the second to be able to remain in the Schengen area for more than 90 days? No. Each program is less than 90 days so it is not possible to apply for a national visa. Together, the two program lengths are more than 90 days, which is in violation of the Schengen short-stay time limit. The student may only participate in one of the programs. Related Resources

Question: In which Country is the town of Schengen where the 1985 treaty was signed?
Answer: LUXEMBOURG